BEWARE ! FILING FALSE AFFIDAVITS MAY COST MLAS MPS THEIR SEATS

 

Beware! Filing false affidavits may cost MLAs, MPs their seats

The judgments have come at the fag end of their tenures as elections to the Telangana Assembly are to be held this year-end and Lok Sabha next year

    Representational Image

By C R Gowri Shanker  

Published on  26 July 2023 9:25 AM

Hyderabad, July 25: Three court judgments against ruling BRS Minister, MLA, and MP have not only come as a bolt from the blue but also put a check on politicians that they cannot escape the long arms of the law if they indulge in electoral malpractices or file false affidavits before the Election Commission.

Though the judgements have been delayed due to procedures, especially the disqualification of Kothagudem BRS MLA Vanama Venkateshwara Rao, it is better late than never.

The judgments have come at the fag end of their tenures as elections to the Telangana Assembly are to be held this year-end and Lok Sabha next year.

An appeal as per the law may further delay the final outcome of the cases.

Vanama Venkateswara Rao disqualified

Telangana High Court declared BRS Kothagudem MLA Vanama Venkateshwara Rao’s election as not valid.

In an election petition, BRS candidate Jalagam Venkateshwara Rao contended that Vanama Venkateshwara Rao who contested on a Congress ticket in 2018 did not disclose all the details in his election affidavit as mandated under Section 125 A of the Representation of People’s Act and sought his disqualification.

Vanama Venkateshwara Rao, who was declared elected on the Congress ticket, switched to BRS later. Now both are in BRS.

Justice G. Radha Rani declared the election of Vanama Venkateshwara Rao as MLA from the Kothagudem assembly constituency in 2018 as not valid. The judge also imposed a fine of Rs 5 lakh on Venkateshwara Rao.

Minister Srinivas Goud case

In another shock to the ruling party, the High Court rejected the plea of Minister for Excise and Sports, V Srinivas Goud to dismiss the petition challenging his election. Goud was elected MLA on a BRS ticket from the Mahabubnagar constituency.

Raghavendra Raju, the petitioner hailing from Mahabubnagar alleged in the High Court that the Minister submitted false certificates in the election affidavit and the same was replaced subsequently. However, Minister Srinivas Goud approached the High Court saying that his petition does not deserve to be heard.

After hearing both sides, the High Court rejected the argument of the Minister and allowed Raghavendra Raju’s petition to be heard.

B B Patil loses in SC

Supreme Court dismissed a plea by BRS Zaheerabad MP B B Patil against the High Court order for speeding up the pending election petition filed by Congress candidate K Madan Mohan Rao.

Madan Mohan Rao alleged that Patil failed to disclose certain cases pending against him in the election affidavit and sought his disqualification.

Patil, in his defence, claimed there was no need to disclose in the election affidavit details of cases against him as he had not been sentenced to imprisonment of more than a year.

SC bench headed by Justice S Ravindra Bhat observed, “The right to vote, based on an informed choice, is a crucial component of the essence of democracy. This right is precious and was the result of a long and arduous fight for freedom, for ‘Swaraj’, where the citizen has an inalienable right to exercise her or his right to franchise.

The Supreme Court upheld the Telangana High Court order dismissing BRS MP’s appeal. SC held that a voter has the right to know about the full background of a candidate.

It also highlighted how the right to vote was yet to be recognized as a Fundamental Right. “Yet, somewhat paradoxically, the right to vote has not been recognized as a Fundamental Right yet; it was termed as a ‘mere’ statutory right.”

The three judgments have certainly put the MLA and MP candidates of all political parties in the State and outside on the pitfalls of filing false affidavits!